South Africa Case Law

Trope and Others v South African Reserve Bank (641/91)

Trope and Others v South African Reserve Bank (641/91) [1993] ZASCA 54; 1993 (3) SA 264 (AD); [1993] 2 All SA 278 (A) (31 March 1993)

Court

Supreme Court of Appeal

Case number

641/91

Judges

Joubert, Kumleben, F H Grosskopf, Howie, Krieger

The Supreme Court of Appeal held that the order of the court a quo upholding the exception was not appealable because it was not final in effect. The exception was based on vagueness and embarrassment, requiring the appellants to clarify their pleadings rather than striking at the legal validity of their cause of action. The appellants were granted leave to amend their particulars of claim, and the deficiencies identified could be cured by amendment. The court rejected the argument that the order deprived the appellants of a possible cause of action, emphasizing that the true nature of the ex…

Source excerpt

• Exception Vagueness And Embarrassment
• Pleading Particularity
• Leave To Amend
• Appealability Of Orders
• Duty Of Care
• Multiple Causation